Well,ive been on here before,thought id give an update.Just found out my ESA Appeals been refused,they ignored the letter of my specialist saying i cant work.I knew they had refused it as they only wanted to know about my `good` days.I cant understand how they can refuse when a specialist says i cant work!what are the options now?when can i reapply?i have no idea what im going to do know,yours,Andrew

13 Replies

Sorry to read you lost your ESA appeal. They are awful to deal with as if we don't have enough with our illnesses. Can I ask did you do this appeal on your own or with the CAB's help. You could contact them now and tell them what's happened, they will answer all your questions. Good luck. Misty.

Have you got a copy of what was written about you ?as well as your own ,you can request it .

I think you can take them to a tribunal but you need to go to your local hub check online where that is and get advice and support on this .Ideally you need to get into the support group.

They should have someone who is an expert and may have someone who can represent you.

Stay calm remember they are employees and that they are earning commission on wether they turn you down at least that used to be the case ,you have the moral high ground here so don't punish yourself or feel guilty for having a good couple of hours . It's about sustainability and there is so much ignorance.

Definitely a trip to your local citizens advice bureau if you can't out due to being ill and have access to Facebook there's a group on there called fightback and they help with all types of benefits from form filling in to appeals

Go to the benefits and work website, they are so helpful and there is a forum on there with loads of questions regarding all you need to know about appealing. They also tell you what things they need to know etc. And also how to complete the benefit forms they send out. You pay to be a member but it's so worth it for the knowledge they give you.

You need to contact your local citizens advice bureau or your local Diss centre. They all help with benefits too, and see if you are able to appeal again.

You may be able to reappeal and if you are able to, send in any medical evidence you have on yourself, appointment letters, letters from consultants to your doctor's, anything you have that backs up what your saying you are unable to do and what's wrong with you.

Even go to your doctor's and see if he can give you anything too and send all this in with a letter stating all you are unable to do on a daily basis. You tell them all about your hardest day when pain is at the max and you just can't stand anymore of it and how you struggle to shower, dress, if someone has to help you with anything.

Then hopefully they may turn their decision around. But do go to your citizens advice bureau if you are unable to do any of the above.

Most important is to get a copy of their doctor's report and go over it very carefully. I was put in the work related group but when I read the actual doctors report I had fulfilled immediately a categorie that put me in the support group and could not work at all. My GP had also sent a letter reinforcing that fact.

They wrote back a week later and said they had reassessed me and I was put in the correct group.

Don't give up and get help with each stage. I had fantastic help from a local support organisation similar to the CAB. Without that help I could never have got it.

I would get advise from local council social services welfare rights officer ... they were a big help to me in making my ESA appeal.

You may have to go through re assesment if appeals and forms so far have failed. You have to try fit your symptoms to how they assess what you put on the form, and it may be that you only get enough "points" to entitle you from a combination of things/ "tasks" that you can not do, eg walking , standing/ sitting, coping with un-expected change (as this interferes with the fact that you have to pace your activities due to fatigue)

Remember that fatigue and pain and wether you can complete a "task" reliably and repeatedly, should all be taken into account re wether you can do the "tasks" they ask about on the form so for example if you can walk but you are in pain and it makes your fatigue worse, In the question about "mobilizing" you can say that how far you can walk varies eg You may say on average you can only walk 200 meters, and allthough you can physically walk 200 meters, you can not repeatedly walk this far as it makes you exhausted, and makes fatigue and pain worse. Give some examples too, such as you can not walk all the way around a supermarket without then needing to rest for the rest of the day/ and on subsequent days, you use online shopping etc. Also say if you need a walking stick to help when walking, standing etc.

To get the "support group" ESA they do expect you to be severly disabled but it is worth knowing that there is an "exceptional circumstances" rule ... to get this applied you have to prove that working or even doing "work related activity" would be significantly detrimental to your health. I got Support group based on this as my Drs spelt out in a letter that this was the case and my welfare rights officer argued that working or even doing work related activity gave me more "flare ups" and did not allow me to pace my activities, and also severly affected my mental health as it trying to work when I was not well enough to do so had in the past caused mental health problems and severe depression

HI everyone,thanks for the support and nice letters and im sorry its took me so long to reply.I did go to the local community support sparingly,i filled my original form in at least 2years before the assessment,then another letter when i appealed,plus another when i sent my specialists letter in,so maybe too much information!i knew within minutes at the appeal it would be refused,asking where id parked and how far id walked,"you walked in here ok"!!,never mind the fact i was painkillered up.Ive been having problems with my liver because off the amount ive took over the years(tramadol).How can a doctor ignore a specialist!?!.All i can see happening is been made to work,then ending up having a flare up and back to hospital,or been ill,having time off,sacked then losing benefits.Is there a legal option ive got?Im still on DLA as well so will have to apply for PIP at some point,will they contact me when i have to apply?,will go to the community help thing when i have to.There was only 2people at my appeal,i got the impression they thought i was lying!I dont see my specialist for a bit,is there any chance another letter of him or a doctor will help?the only things i can see to do is apply again in 6 months or after it makes me ill from working (which is nailed on!),saying my health has deteriorated.Im going to send a letter today asking why i was refused.Its amazing that theyve come to the conclusion im now fit for work after 20years.thanks for the help again,Andrew

It's best to ask the Citizens Advice Bureau about this as they'll be able to give you more specific answers for your situation. I've found some information on their website that might be helpful, though.

Thanks for that George,will go to the doctors asking for a more specific letter,if he doesnt im sure my specialist will,luckily hes a good guy.Hopefully another letter specifying that work will worsen my condition will help.Its still enraged me a doctor can ignore a specialist,ive had a doctor say that ill know more about Lupus than him before!.Ill keep everyone informed whats happening and i appreciate the help ive been given,yours,Andrew